Archive: January 2008

It has been generally understood that in retaliation cases, temporal proximity alone does not establish the required causal connection betwe...

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According to a 2007 Bureau of Labor Statistics report, 69% of private workers receive paid funeral leave. Yet, MSNBC.com is questioning whe...

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An editorial in this morning's New York Times calls for Congress to pass legislation to undo recent Supreme Court precedent limiting th...

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President Bush has signed the National Defense Authorization Act that he had previously vetoed. Its changes to the FMLA go into effect immed...

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Dan Schwartz at the Connecticut Employment Law Blog posts today about treating harassment complaints seriously and taking appropriate actio...

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Homan, Inc. v. A1 AG Services, LLC , decided this week by the 3rd District Court of Appeals, answers the following question: if an employer ...

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20 Democratic Senators (including Clinton and Obama) have sponsored the Civil Rights Act of 2008 . It's basically a laundry list of pro-...

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Since I last wrote on English-only workplace rules and Congress's attempt to prohibit legal challenges of them ( Congress debates legali...

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This morning's Columbus Dispatch reports on Ohio's ban on military status discrimination, which will go into effect on March 23. Fo...

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Employers can take a lot of internal steps to protect confidential and proprietary information. Confidentiality and non-disclosure policies,...

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In June 2007, the Department of Labor published a 181-page report on the FMLA that concluded, "In the vast majority of cases, the FMLA...

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This week has been a historic one for the Blog, as I passed 10,000 visits. Thank you to all my readers for helping me reach this milestone. ...

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Another day, another wage and hour issue. In 2006, IBM settled a wage and hour class action lawsuit for $65 million. In the lawsuit, it wa...

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Fortune Small Business Magazine has a frightening article this week on fatal wage and hour mistakes. While I've written on this topic ...

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Both the House and Senate have again overwhelmingly signed the National Defense Authorization Act that President Bush vetoed at the end of l...

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Ohio's age discrimination statute of limitations has always been one of the quirks of Ohio employment law. All discrimination claims und...

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The blogosphere has been hopping the past several days over the new employee handbook drafted by newspaper conglomerate the Tribune Company...

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Earlier this month, law.com had a very insightful article on the advantages and pitfalls of business insurance policies. See On the Horns o...

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Forty-five years ago, "the civil rights movement swirled into Birmingham, a city whose bitter resistance to change made it a battlegrou...

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The U.S. Supreme Court has granted cert. in two more employment cases to be heard this term. Crawford v. Metropolitan Government of Nashvi...

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A few sports related articles to start off this week's round-up. Michael Moore at the Pennsylvania Employment Law Blog discusses the fl...

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Treatment for substance abuse is a serious health condition covered by the FMLA. Unexcused absences from work are not. The distinction betwe...

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ESPN is reporting that football program files have gone missing from the University of West Virginia office of former coach Rich Rodrigue...

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I've been writing lately about maternal profiling , which is employment discrimination against a woman who has, or will have, children. ...

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This morning's New York Times is reporting that Congress is expected to quickly revisit the National Defense Authorization Act that Pre...

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After more than a decade practicing, it still amazes me how fluid the law actually is. Rarely anything is black or white, and most issues ex...

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SCOTUS Blog is reporting that the Supreme Court has asked the U.S. Solicitor General for the government's position on whether workers m...

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John Phillips at The Word on Employment Law has a great post up this morning on the crucial role fairness plays in employment relations. J...

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Every once in a while you come across a case that just makes you shake your head in disbelief. State ex re. Lynch v. Indus. Comm. is such a...

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Dan Schwartz of the Connecticut Employment Law Blog wins the prize for the 2 best posts of the week. Reductions in Force (RIF) Are Back; Are...

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So says the U.S. District Court for the Eastern District of Arkansas. If only all of employment law was that easy. (Hat tip to The FMLA Bl...

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I try to stay on top of all issues that impact Ohio employers, but this one simply fell beneath my radar. On December 20, Governor Stricklan...

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Yesterday, the Supreme Court heard oral argument in Kentucky Retirement Systems v. EEOC . The issue is whether a benefit plan's use of a...

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Last week a colleague asked me for my opinion on the proposed Ohio Healthy Families Act that is now pending in the state legislature. I fig...

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Does anyone remember the episode of the Drew Carey Show where Drew's dog needed a hip replacement? Drew couldn't afford it, so he c...

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As I reported in October , the Ohio legislature will this term consider the Ohio Healthy Families Act. The Act, if passed, will guarantee 7 ...

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